Philadelphia's Fair Chance Hiring Law
It is illegal in Philadelphia for employers to ask about your criminal background during the job application process.
This means that:
- Employers cannot ask about your criminal background on job applications or during any job interview.
- Employers can run your criminal background check ONLY AFTER a conditional offer of employment is made (final hiring depends on the results of your background check).
- Criminal convictions can be considered ONLY if they occurred less than 7 years from when you apply (not counting time of incarceration).
- Arrests that did not lead to conviction cannot be used in employment decisions.
- If your background check reveals a conviction, the employer must consider:
- The type of offense and the time that has passed since it occurred;
- Its connection to the job you are applying for; and
- Your job history, character references, and any evidence of rehabilitation.
- Employers can reject you based on your criminal record ONLY if you pose an unacceptable risk to the business or to other people.
- If you are rejected, the employer must send the decision to you in writing with a copy of the background report used to make the decision.
- You have 10 days to give an explanation of your record, proof that it is wrong, or proof of rehabilitation.